Can MANGATA be elevated as ABC President, albeit he assumed the office of Punong Barangay by way succession

* * BAGONG PILIPINAS Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City www.dilg.gov.ph SEP 16 2025 DILG OPINION NO. 124 = §. 2025 ATTY. AMENODIN U. SUMAGAYAN Municipal Mayor Municipality of Taraka, Province of Lanao del Sur Dear Atty. Sumagayan: This has reference to your request for the Department's opinion as regards the qualifications and the maximum tenure of office of an ABC President. We quote in verbatim your representations, to wit: “Mr. Abdul Colangcag Mangata (MANGATA) has been the Association of Barangay Councils (ABC) President of your [sic] Municipality for the past 20 years and up to the present. It appeared that after serving three (3) consecutive term limits [sic] as Punong Barangay he would seek election as Barangay Kagawad and thereafter assume the office of the Punong Barangay by way of succession as nobody was elected to this office, and thereafter seek election as ABC President. Hence, the following issues were raised, to wit: (1) Can MANGATA be elevated as ABC President, albeit he assumed the office of Punong Barangay by way of succession? (2) Can and how MANGATA be removed as ABC President?” On the first issue, we opine in the affirmative. The Local Government Code (LGC) of 1991 does not prohibit a person, who assumed as Punong Barangay by way of succession, from being elected as ABC President. Sec. 492 of the LGC merely provides that “every barangay shall be represented in said liga by the punong barangay”. It is a well known maxim in statutory construction that where the law does not distinguish, we should not distinguish. As regards you second query, the grounds for the removal of an ABC President is found “Matino, Mahusay at Maaasahan” Trunkline No.: 8876-34-54